HomeMy WebLinkAboutContract 46846-A1 CITY SECRETAW 2 W (O--�1`
,/q CONTRACT NO.
o Cf�d��0 4
AgJr FIRST AMENDMENT TO DETENTION POND MAINTENANCE AGREEMENT
a
9.9 b E Z THIS FIRST AMENDMENT TO DETENTION POND MAINTENANCE AGREEMENT (this
"First Amendment") is made and entered into by and between RAILHEAD ASSOCIATION -- PHASE
III, INC., a Texas nonprofit corporation ("Railhead") and FFW PROPERTIES, LLC, a Texas limited
liability company ("FFW"), hereinafter collectively referred to as "Landowner", and the City of Fort
Worth,hereinafter referred to as"City".
BACKGROUND
A. Reference is hereby made to that Detention Pond Maintenance Agreement between
Railhead Industrial Park Investors, L.P. (predecessor-in-title to Railhead) and City dated November 2,
2004, and recorded as Instrument Number D204354349 in the Tarrant County Clerk's office (the
"Agreement") respecting obligations of Railhead Industrial Park Investors, L.P., its successors and assigns,
related to management of stormwater maintenance facilities to be installed and maintained on portions of
B. The property subject to the Agreement is currently owned by Railhead.
C. Railhead is granting to FFW a Rail Easement over a portion of the property
covered by the Agreement; and FFW is granting to Railhead a Detention Pond Easement
Agreement over lands owned'by FFW,as set forth herein.
C. The parties desire to modify the Agreement to delete the property subject to the
Rail Easement and to add (1)property owned by FFW,(2)drainage and detention easements,and
r.
(3)stormwater drainage and detention improvements to be constructed by the Landowner.
STATEMENT OF AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained
herein, and the following terms and conditions, the parties hereto agree as follows:
I. Defined Terms. All defined terms used herein and not separately defined herein shall
have the meaning set forth in the Agreement.
2. Amendment of Exhibit "A". Exhibit "A" of the Agreement is hereby modified and
anicudcd to add the property and casements described ou Exhibit "A-I", attached hereto. Exhibit "A" of
the Agreement is also hereby modified and amended to delete the property covered by the Rail Easement
described on Exhibit "A-2", attached hereto. The property subject to the drainage easements and the
Drainage and Detention Improvements Pond shall be deemed to include the property described on Exhibit
"A-I" and the property described on Exhibit "A" of the Agreement, reduced by the property described on
the attached Exhibit"A-2".
3. Addition of Exhibits"B","C",and"D". Exhibits"B","C",and"D",attached hereto,are
added and incorporated into the Agreement. Landowner, its successors or assigns, shall adequately
construct and maintain at no expense to the City the Drainage & Detention Improvements Pond, and all
associated drainage improvements, in accordance with the design specifications attached as Exhibit "B",
the current standards then in force and effect in the City of Fort Worth, and with the Operations and
Maintenance Plan attached as Exhibit "C". Adequate maintenance is herein defined as good working
condition so that the Drainage & Detention Improvements Pond is performing its design functions. The
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Storm Water Structural Control Maintenance Checklists, attached hereto as Exhibit "D", are to be used to
establish what good working condition is acceptable to the City.
6. Agreement Ratified. Except as amended by this First Amendment, all of the terms,
conditions and provisions of the Agreement shall remain in full force and effect and are ratified and
confirmed.
IN WITNESS WHEREOF, each of the parties hereto has caused this First Amendment to be
executed and sealed by its authorized signatory, effective as of the day and year first above written.
Executed this � day of 20,JC�
Landowner City of Fort Worth
Railhead A i ion-- se 111,I
a Texas co or on
Name tIT4. (Pat)Cornell, Sole Dir ctor Fernando Costa
Assistant City Manager
A nnrn,—d %c to Fnrm am 1 anality
FFW Properties, LLC,
a"Texas limited liability company
George T. Cook
Manager Assistant City Att ey
o Grant Jordan �� F 00
ATTEST o O
V gy
ity Secret
rFXAS
OFFICIAL RECORD
CITY SECRETARY
2 FT.WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 2015 by Fernando
Costa, Assistant City Manager of the City of Fort Worth, on behalf of tIQ City of Fort Worth.
M,
LINDA M. IIRRLINQERMY COMMISSION EXPIPES -
Febn:a 2,201a Nota Public, State ofTexas
ry ry
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on May 19, 2015 by George T. Cook, the
Manager of FFW PROPERTIES, LLC, a Texas limited liability company, on behalf of said company.
Notary
Pi I c, State of Texas
OWEN A. NELSON
J•l�wr pie 4
:�+°• �__ Notary Public,State of Texas
STATE OF TEXAS S My Commission Expires
5 September 24, 2017
COUNTY OF TARRANT§
This instrument was acknowledged before me on tl,,t-� ,2015, by Lee D.
(Pat)Cornell, the Sole Director of RAILHEAD ASSOCIATION - PHASE ill, INC., a Texas nonprofit
corporation,on behalf of said corporation.
Notary Puli State of Texa
op,
r GAIL D GRIGGS
My Commission Expires
E(
5 November 8, 2017
N
IAL RECORDSECRETARYORTH, TX